Pixley v. Roanoke Navigation Co.
Supreme Court of Virginia
This was a bill in the circuit court of Halifax county by Luther Pixley and others to enjoin the Boanoke Navigation Company from charging tolls for the navigation of the Boanoke river and its tributaries, on the ground of its failure to keep these rivers in a proper condition. The injunction was granted. There was a demurrer to the bill, and also an answer by the company.
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This was a bill in the circuit court of Halifax county by Luther Pixley and others to enjoin the Boanoke Navigation Company from charging tolls for the navigation of the Boanoke river and its tributaries, on the ground of its failure to keep these rivers in a proper condition. The injunction was granted. There was a demurrer to the bill, and also an answer by the company. The cause came ou to be heard on the 8th of October, 1878, when the court dissolved the injunction and dismissed the bill with costs; and the plaintiffs obtained an appeal to this court. The case is fully stated in the…
1Opinion of the CourtChristian, J.
This case is before us on appeal from a decree of the circuit court of Halifax county. The bill' is filed by the appellant Pixley and fifteen other plaintiffs, in which they allege that they reside and are engaged in business in the town of Clarksville, Mecklenburg county, Virginia, situated near the Roanoke river, and are compelled to use the Roanoke river and its tributaries for the transportation of their tobacco and merchandize; that the general assembly of North Carolina, in the years 1812, 15, 16 and 17, incorporated the Roanoke Navigation Company, to improve the navigation of that…
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